OGBUAGU JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Benue State High Court sitting at Makurdi and delivered by Ejembi Eko J. on 6th March, 2001 entering judgment in favour of the respondent in terms of his claims while dismissing the counter-claim of the appellant. Dissatisfied with the said decision, the appellant has appealed to this court on fifteen (15) grounds of appeal.
The respondent by a writ of summons in suit No. MHC/109/99 claimed against the appellant as follows: A A declaration that the agreement dated the 27th day of June, 1996, wherein the plaintiff purports to assign and/or transfer a portion of his land covered by Benue - Plateau State certificate of occupancy No. BP.787 dated the 19th day of January, 1976 to the defendant is null and void and of no consequence whatsoever.
An order setting aside the sale agreement, between the plaintiff and the defendant over the plaintiff’s piece/parcel of land covered by Benue-Plateau State ce…